1. North Carolina Juvenile Justice Process
Chapter 16.5 & Unit 6 Reviews,
Pages 54-57

2. Who is a juvenile in NC? Undisciplined Juvenile Delinquent Juvenile
Any person who is at least 6 years of age while less than 18 years of age who is:
Regularly disobedient to parents
Runs away from home
Unlawfully absent from school
GS 7B-1501(27)
Any person who is at least 6 years of age while less than 16 years who has committed a criminal offense under state law or under a local government including violations of the motor vehicle law.
GS 7B-1501(7)

3. What are the causes of Juvenile Offenses?
Abuse & neglect by caregivers
Poverty
Exposure to criminal behavior
Peer pressure

4. Procedures and Process
The focus on offenders and not offenses, on rehabilitation and not punishment, had substantial procedural impact.
As public confidence in the treatment model waned, due process protections were introduced, most notably from the case in re gault. Read case study!
some stress punishment, but most seek a balanced approach.

5. The juvenile justice system differs from the adult justice system, but there’s common ground.
Juvenile System
Adult System
Both
Goal to rehabilitate Goal to punish
Don’t have to commit crime Must break law
No guarantee of jury trial Guaranteed jury trial
Trial not open to public Guaranteed public trial
No bail exists Bail is a guaranteed right
Offense Crime
Take into Custody Arrest
Petition File Charges/Indictment
Denial Not Guilty Plea
Admission Guilty Plea
Adjudicatory Hearing Trial
Found Delinquent Found Guilty
Disposition Sentencing
Detention Jail
Aftercare Parole
Know charges
Lawyer
No self-
incrimination
Face witnesses
Due Process
Adversarial

6. Juvenile Court Procedure Police Investigation
Juvenile Complaint/Petition
Approval
Divert
Juvenile Court
Diversion Contract
Or Plan
Violate Contract or Plan
Juvenile Probation
Commitment

7. Juvenile District Court or Teen Court?
Adjudication Hearing
Judge decides responsibility and disposition
Felonies may be sent to Superior Court as adult
Choice of juv. Delinquent
Only misdemeanors & 1 offense
Must admit responsibility

8. Dispositional Hearing
Supervised Probation
Level 1 and/or Level 2
Commitment to a Detention Facility
Commitment to a Youth Development Center
Level 3

9. Conditions of Probation
Remain on good behavior
Not violate any laws
Not violate any rules of parent
Attend school regularly
Be employed
Maintain passing grades
Not associate with…..
Not possess or consume alcohol or other drug
Submit to drug screens
Submit to warrant less searches
Abide by a curfew
Possess no weapons
other

10. Level 1 Conditions Cooperate with counseling
Pay restitution up to $500.00
Fine
Community service up to 100 hours
Revoke or prohibit drivers license
Spend (5) 24-hour periods in detention
Cooperate in out-of-home placement

11. Level 2 Conditions Cooperate in out-of-home placement
Intensive probation
House arrest
Spend (14-28) 24-hour periods in detention center
Community service over 100 hours
Cooperate in wilderness program
Restitution over $500.00

12. Level 3: Commitment Commitment to Youth Development Center
C.A. Dillon-Butner
Stonewall Jackson-Concord
Dobbs-Kinston
Chatham-Siler City

13. When Should Juveniles be tried as Adults?
Recidivism
Egregious nature of the crime
Beyond rehabilitation
Do adjudicatory hearings, bottom of p. 55.

14. Warm-Up: Quick Write
Do you think “life-without-parole” is an appropriate sentence for youth offenders who commit serious crimes like murder? Explain why or why not.
Use arguments and examples from the online reading.
Sara’s Story

15. The Issue Before SCOTUS
What patterns do you see in the timeline? Recently, has the Supreme Court been more critical or less critical of harsh punishments? Why?
The article notes that the Supreme Court uses “evolving standards of decency” to judge the constitutionality of sentences. What does this mean? How might the Court determine such standards? How and why might today’s standards differ from those of 200 years ago?

16. Teens Locked Away Forever
Are teens as blameworthy in violent crimes as adults? Why or Why Not?
At what age do you believe people should be held fully accountable for their actions? Defend your response.
Do you think “life-without-parole” is an appropriate sentence for youth offenders who commit serious crimes like murder? Why or why not?
Do you think that life-without-parole sentences for teens under 18 years of age violates the 8th Amendment? Why or Why Not?
What is the purpose of parole? Why do you think some offenders are sentenced to life imprisonment without the possibility of parole?

17. Test Cases in Juvenile Sentencing
Miller v. Alabama & Jackson v. Hobbes
Read case scenarios
Debate issues

18. Actual Court Opinion
Majority: The 5-4 Court held that the Eighth Amendment’s prohibition against cruel and unusual punishment forbids the mandatory sentencing of life in prison without the possibility of parole for juvenile homicide offenders. Children are constitutionally different from adults for sentencing purposes. While a mandatory life sentence for adults does not violate the Eighth Amendment, such a sentence would be an unconstitutionally disproportionate punishment for children.
Concurring: Argued for an additional determination that the offender actually killed or intended to kill the robbery victim. Without such a determination, the State could not pursue a mandatory life sentence.
Dissenting: Court’s role is to apply the law, not to answer questions about morality and social policy. The majority did not sufficiently characterize the punishment as unusual, therefore the punishment did not violate the Eighth Amendment

19. Appointment Clock Activity
Unit 6 Review
Page 56

20. Activity Procedures Fill your appointment cards.
Set up page for the activity, 56.
Conduct activity.
Discuss.

21. Appointment Clock Reviews
3:00: Explain 5 differences between civil law and criminal law.
6:00: List 5 court cases that deal with the rights of the accused.
9:00: List the 5 types of law and give an example of each.
12:00: Distinguish at least 3 differences between a adult court and juvenile court.

22. 3:00
Explain 5 differences between civil law and criminal law.

23. 6:00
List 5 court cases that deal with the rights of the accused.

24. 9:00
List the 5 types of law and give an example of each.

25. 12:00
Distinguish at least 3 differences between a adult court and juvenile court.

26. Test is Wednesday!
Put Unit 6 Essentials and p. 57 & study these goals and objectives.
Study pp Test is thorough!
Play Bluff. Game will be online this afternoon.